Court : Mumbai
Reported in : 2006(6)ALLMR26; 2006(5)BomCR490; (2007)ILLJ965Bom
..... or permanently, of names from the registers, and the imposition of fees for registration; (d) for regulating the employment of (registered unprotected workers,) and the terms and conditions of such employment, including rates of wages, hours of work, maternity benefit, overtime payment, leave with wages, provision for gratuity and conditions as to weekly and other holidays and pay in respect thereof; (d-i) for providing the time within which registered employers should remit to the board ..... the bill that was presented to the legislative assembly shows that section 2(11) reads as under: 'unprotected worker means the manual worker who but for the provisions of the act is not adequately protected by the legislation for the welfare and benefit of labour in force in the state.though the government went before the legislature with this definition, in the statement of objects and reasons as also in the bill, the legislature however, did not ..... , after consulting the advisory committee, by notification in the official gazette, and subject to such conditions and for such period as may be specified in the notification, exempt from the operation of all or any of the provisions of this act or any scheme made thereunder, all or any class or classes of unprotected workers employed in any scheduled employment, or in any establishment or part of any establishment of any scheduled employment, if in the opinion of the state government all such unprotected .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)ALLMR536; 2004(5)BomCR783; (2004)IIILLJ424Bom
..... -(1) no employer shall dismiss, discharge, or reduce or otherwise punish an employee during the period the employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as provided under the regulations, dismiss, discharge or reduce or otherwise punish an employee during the period he is in receipt of disablement benefit for temporary disablement or is under medical treatment for sickness or is absent from work as a result of illness duly certified in accordance with the regulations to arise out of the pregnancy or confinement rendering the employee unfit ..... wankhede, learned counsel, for the petitioner contended that in order to get the benefit of the act, so far as medical leave is concerned, the medical officer has to issue certificate under regulation no. ..... in fact, in view of the obligation cast under section 73 of the esi act it is the duty of the employer to first find out whether the employee concerned is undergoing medical treatment for sickness or is receiving sickness benefit before issuing the order of dismissal or discharge. ..... bare reading of the aforesaid provision would reveal that the bar contained in section 73 of the act only requires the employer not to dismiss or terminate the services of an employee by way of punishment during the period of sickness.10. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(5)BomCR43; (2002)IIILLJ277Bom
..... for all or any of the following matters, that is to say,(d) for regulating the employment of registered security guards and the terms and conditions of such employment, including the rates of wages, hours of work, maternity benefit, overtime payment, leave with wages, provision for gratuity and conditions as to weekly and other holidays and pay in respect thereof.''6. ..... means that, if hitherto, as an employee of the agency, the terms and conditions of his services were more beneficial as a whole than the terms and conditions of service offered by the act and the scheme under the factory or establishment the original terms and conditions of service will be preserved and become applicable to his service while allotted to the factory or establishment. ..... means that if hitherto as an employee of the agency, the terms and conditions of his services were more attractive on the whole than the terms and conditions of service offered by the act and the scheme under the factory or establishment, the original terms and conditions of service will be preserved and become applicable to their service under the factory or establishment. ..... hitherto there was a definite relationship of employer and employee between the agencies and the security guards and they could approach the adjudicating machinery under the industrial disputes act and other labour legislations for enforcing their rights, they are now left without any such remedy, in the absence of an employer against whom proceedings could be .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR914; 2008(2)BomCR322; (2008)IILLJ211Bom; 2008(1)MhLj942
..... provided that nothing contained in this sub-section shall apply to a factory or establishment belonging to or under the control of the government whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this act.sub-section (5) reads as below:1(5) the appropriate government may, in consultation with the corporation and (where the appropriate government is a state government, with the approval of the central government), after giving six months' notice ..... 1(3) reads as under:(1) it shall come into force on such date or dates as the central government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this act and for different states for different parts thereof.sub-section (4) provides:1(4) it shall apply, in the first instance, to all factories (including factories belonging to the government) other than seasonal factories. ..... government may, by notification in the official gazette and subject to such conditions as may be specified in the notification, exempt any factory or establishment or class of factories or establishments in any specified area from the operation of this act for a period not exceeding one year and may from time to time by like notification renew any such exemption for periods not exceeding one year at a time.7. ..... apart from securing medical benefits, the benefits in respect of maternity and employment injury are also covered under the .....
Tag this Judgment!Court : Mumbai
Reported in : [1991(62)FLR174]; (1992)ILLJ161Bom
..... through those orders it would be found that they provide for the category of workers, which include permanent workers, they also provide for the payment of wages, the increments, the acting allowance, the leave to which an employee is entitled, also half pay leave, extraordinary leave without pay, casual leave, special casual leave, quarantine leave, maternity benefit leave. ..... in so far as unfair labour practice is concerned in item 6 of schedule-iv of the above act, it means to employ employees as badlies, casual or temporary and to continue them as such for years with the object of depriving them of the status and privilege of ..... matter has become virtually sub judice and hence it cannot be conclusively said that the breach of the order has been intentional, deliberate and only motivated to deprive the petitioners from the benefits of the order of the industrial court.2. ..... that they had completed 240 days of continuous service with the respondent and they were therefore entitled to the benefits of the permanent employees. ..... the part of the corporation by no means can be construed as an act coming within the purview of contempt of court. ..... would be found that with the compliance of the directions of the industrial court it can be said that the petitioners are made permanent employees, that they are entitled to all the benefits of permanent service. ..... 6 in schedule-iv of the pulp act; (2) it is directed that the complainants shall be treated as the permanent employees since the date of .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)BomCR645; 2008(111)BomLR84; (2009)IILLJ686Bom
..... - (1) no employer shall dismiss, discharge, or reduce or otherwise punish an employee during the period the employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as provided under the regulations, dismiss, discharge or reduce or otherwise punish an employee during the period he is in receipt of disablement benefit for temporary disablement or is under medical treatment for sickness or is absent from work as a result of illness duly certified in accordance with the regulations to arise out of the pregnancy or confinement rendering the ..... petitioner was on duly sanctioned leave and had received the sickness benefits for the said illness in accordance with the provisions of section 73(1) and (2) of the employees' state insurance act, 1948 neither any chargesheet could have been issued to him nor any show cause notice nor dismissal order could have been issued as provisions of section 73 of the employees' state insurance act, have been held to be mandatory and the chargesheet, ..... the employee is ill....reading of the above interpretation by the hon'ble supreme court clearly shows that the punitive action proceedings on the basis of absence owing to only sickness is not prohibited by section 73(1) of the act but in respect of all kinds of misconduct, such action is prohibited during the entire period of illness. ..... be valid or operative.?while interpreting section 73(1) and (2) of the employees state insurance act, in the case of buckingham & carnatic co. .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR392; [1991(62)FLR986]; (1993)IIILLJ381Bom
..... :-'welfare of labour including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits'.article 246 of the constitution specifies the subjects on which laws can be made by the parliament and the legislature of the states ..... the formulation of a scheme to cover 'the constitution of any fund...including provident fund for the benefits of registered security guards, the vesting of; such funds, the payment and contributions to be made to such funds, provisions for provident fund and rates of contribution being made after taking into consideration the provisions of the act and the scheme framed thereunder, with suitable modifications where necessary, to suit the condition of work ..... briefly, the stand taken in the reply was 2 that the act did not apply to them, consequent to clause 38 of the maharashtra private security guards (regulation of employment and welfare) ..... to be referred to as the 'commissioner' - is an authority under the act - the power vested in him being that of overlooking the enforcement of the provisions ..... the act and the 1981 act both provide for legislation on the subject of provident fund - the act being of wider application to all establishments while the 1981 act is limited in its application to the provisions of constituting and operating a provident ..... to stave is an encroachment upon the autonomy and immunity conferred upon them by the 1981 act read together with scheme framed thereunder. .....
Tag this Judgment!Court : Mumbai
Reported in : (1985)IILLJ24Bom; 1985MhLJ1
..... welfare of labour, including conditions of work, provident funds, employer's liability, workmen's compensation, invalidity and old age pensions and maternity benefits, under entry 26, the state legislature could also legislate on legal, medical and other professions. ..... an establishment which carries on, any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes a society registered under the societies registration act, 1960, and a charitable or other trust, whether registered or not, which carries on whether for purposes of gain or not, any business, trade or profession or work in connection with or incidental or ..... it cannot be struck down on the ground of its repugnancy to advocates act, 1961, since it had been reserved for the consideration of the president and his ..... contended that in view of the prevalence of the advocates act, 1961, which governed the legal practitioners, it was not competent ..... the advocates act, 1961, had already been passed by the parliament, would not render the provisions of the amending act invalid, as the amending act had been made on one of the matters enumerated in the concurrent list and ..... act cannot be invalidated either on the ground of incompetency of the state legislature to pass it or on the ground of its repugnancy with the advocates act, 1961 ..... act would prevail in this state, even if some of its provisions may run contrary to the provisions of the advocates act, 1961 .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(1)BomCR615; (1991)93BOMLR805; [1991(62)FLR199]; (1992)ILLJ663Bom; 1991(1)MhLj293
..... conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits. ..... work is given, and in respect of payments made, or to be made, for the said work; (d) seize or take copies of such registers, records of wages or notices or portions thereof, as he my consider relevant, in respect of an offence under this act or scheme, which he has reason to believe has been committed by an employer; and (e) exercise such other powers as may be prescribed; provided that, no one shall be required under the provisions of this section to answer any question or make ..... workers in any scheduled employment or employments, and provided for the terms and conditions of work of registered unprotected workers, and made provision for the general welfare in such employments, section 3(2) of the act provides that such statutory scheme may provide for various matters concerning regulating of the employment of workers and also in respect of their welfare, including for constitution of fund or funds. ..... whether the board was carrying on an industry so as to attract the provisions of the industrial disputes act, 1947 after referring to the earlier judgment of the hon'ble supreme court in the case of gymkhana ..... 'the definition of the expression 'industry' was amended by section 2(a) of the amending act (46 of 1982) in view of the observations made in the judgment of the hon'ble supreme court in the case of bangalore water supply and sewerage board .....
Tag this Judgment!Court : Mumbai
Reported in : [1977]110ITR227(Bom)
..... section 6 deals with the ingredients which are necessary for creation of a trust and it provides : 'subject to the provisions of section 5, a trust is created when the author of the trust indicates with reasonable certainty by any words or acts, (a) an intention on his part to create thereby a trust, (b) the purpose of the trust, (c) the beneficiary, and (d) the trust property, and (unless the trust is declared by will or the author of the trust is himself to be the trustee) ..... even if upon construction of the provisions contained in the indenture of trust it is treated as a valid trust as understood in law, still the trust is not, inter alia, in respect of the business of the maternity hospitals but the trustees were expected to carry on the business by conducting hospitals and if that is so, the conditions laid down in proviso (b) to section 4(3)(i) of the act ought to be fulfilled and as the said conditions are not fulfilled the income cannot be exempted from tax. ..... the names of the beneficiaries who are to get the benefit under the indenture of trust are clearly specified, namely, people particularly of the backward and poorer classes within the areas of greater bombay, poona city and kanara districts in bombay ..... that is the intention, then have regard to the settled position in law there can be no doubt that the assessees who are the trustees and who are assessed as association of persons are entitled to the benefit of the provisions of section 4(3)(i). ..... for the benefit of his .....
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